A v B & Anor

A v B & Anor

Given the highly unusual facts, the child’s welfare, including urgent need for specialist support only available in Ireland and the risk of losing his school place, overwhelmingly justifies releasing the father from his undertaking and permitting interim return. The mother’s case does not raise a seriously arguable defence under Article 13(b) or child objections. Section 5 of the 1985 Act empowers the court to make interim return orders where necessary for the child’s welfare.

Parties
Applicant: A; First Respondent: B; Second Respondent: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Abduction and Custody (hague Convention) / Interim Application for Return Order Pending Final Hearing
Outcome
Interim return permitted; father released from undertaking not to return to Ireland with the child pending final hearing; directions given for further evidence and hearing.
Legal Topics
Hague Convention 1980, Child Abduction and Custody Act 1985, Parental Responsibility, Interim Orders, Jurisdiction, Mental Capacity, Child Welfare
Family Law International Child Abduction Hague Convention 1980 Child Abduction and Custody Act 1985 Parental Responsibility Interim Orders Jurisdiction Mental Capacity +1 more

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Parties

A

Applicant

B

First Respondent

Bristol City Council

Second Respondent

Procedural Posture

Child Abduction and Custody (hague Convention) / Interim Application for Return Order Pending Final Hearing

Legal Issues

  1. 1 Whether the father should be permitted to return the child to Ireland on an interim basis pending final determination of the return application
  2. 2 Whether the court should release the father from his undertaking not to remove the child from England and Wales
  3. 3 Whether an interim return order is permissible under section 5 of the Child Abduction and Custody Act 1985

Ratio Decidendi

Given the highly unusual facts, the child’s welfare, including urgent need for specialist support only available in Ireland and the risk of losing his school place, overwhelmingly justifies releasing the father from his undertaking and permitting interim return. The mother’s case does not raise a seriously arguable defence under Article 13(b) or child objections. Section 5 of the 1985 Act empowers the court to make interim return orders where necessary for the child’s welfare.

Court Disposition

Interim return permitted; father released from undertaking not to return to Ireland with the child pending final hearing; directions given for further evidence and hearing.

Orders

  • Father released from undertaking not to return to Ireland with C pending final hearing, subject to undertakings to return C if application refused and not to commence proceedings in Ireland.
  • Mother’s solicitors to return C’s passport to the father.